S.L. 465.9 Art. 5Bathing water quality assessment.

(1) The Superintendent shall ensure that sets of bathing water quality data are complied with through the monitoring of the parameters set out in Schedule I, column A.

(2) Bathing water quality assessment shall be carried out:

(a) in relation to each bathing water;

(b) after the end of each bathing season;

(c) on the basis of the set of bathing water quality data compiled in relation to that bathing season and the three preceding bathing seasons; and

(d) in accordance with the procedure set out in Schedule II.

(3) However, the Superintendent may decide to carry out bathing water quality assessments on the basis of the set of bathing water quality data complied in relation to the preceding three bathing seasons only. If the Superintendent so decides, he shall notify the Commission beforehand. The Superintendent shall also notify the Commission if he subsequently decides to revert to carrying out assessments on the basis of four bathing seasons. The Superintendent may not change the applicable assessment period more than once every five years.

(4) Sets of bathing water data used to carry out bathing water quality assessments shall always comprise at least 16 samples or, 12 samples in the special circumstances referred to in paragraph 2 of Schedule IV.

(5) However, either the requirement of the preceding sub-regulation shall be satisfied, or in the case of bathing waters with a bathing season not exceeding eight weeks, the set of bathing water data used to carry out the assessment shall comprise at least eight samples. A bathing water quality assessment may be carried out on the basis of a set of bathing water quality data relating to fewer than four bathing seasons if:

(a) the bathing water is newly identified;

(b) any changes have occurred that are likely to affect the classification of the bathing water in accordance with regulation 6, in which case the assessment shall be carried out on the basis of a set of bathing water quality data consisting solely of the results for samples collected since the changes occurred; or

(c) the bathing water had already been assessed in accordance with Directive 76/160/EEC, in which case equivalent data gathered under that Directive shall be used and, for this purpose, parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be deemed to be equivalent to parameters 2 and 1 of column A of Schedule I.

(6) The Superintendent may subdivide or group together existing bathing waters in the light of bathing water quality assessments only if these waters:

(a) are contiguous;

(b) received similar assessments for the preceding four years in accordance with sub-regulations (2), (3) and (5)(c); and

(c) have bathing water profiles all of which identify common risk factors or the absence thereof.